Amends existing law to establish rules for ex parte communications to and from the Public Utilities Commission and to limit the amount that a commissioner or staff member may receive as a gift.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 865
BY STATE AFFAIRS COMMITTEE
AN ACT	1
RELATING TO THE PUBLIC UTILITIES COMMISSION; AMENDING SECTION 61-207, IDAHO	2
CODE, TO ESTABLISH PROVISIONS REGARDING CERTAIN EX PARTE COMMUNICA-	3
TIONS; AMENDING SECTION 18-1356, IDAHO CODE, TO REVISE A PROVISION	4
REGARDING GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURIS-	5
DICTION; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	6
Be It Enacted by the Legislature of the State of Idaho:	7
SECTION 1. That Section 61-207, Idaho Code, be, and the same is hereby	8
amended to read as follows:	9
61-207. COMMISSIONERS AND EMPLOYEES -- OATH -- QUALIFICATIONS -- RE-	10
STRICTIONS ON POLITICAL ACTIVITY -- EX PARTE COMMUNICATIONS. (1) Each com-	11
missioner shall devote his entire time to the duties of his office and shall,	12
together with each person appointed to a civil executive office by the com-	13
mission, before entering upon the duties of his office, take and subscribe	14
to an oath to the effect that he will support the Constitution of the United	15
States and the state of Idaho, and faithfully and impartially discharge the	16
duties of his office as required by law and that he is not interested directly	17
or indirectly in any public utility embraced within the provisions of this	18
act; or any of its stocks, bonds, mortgages, securities or earnings.	19
(2) Each commissioner shall be a qualified elector of this state, and no	20
person while in the employ of or holding any official relation to any corpo-	21
ration or person, which said corporation or person is subject in whole or in	22
part to regulation by the commission, and no person owning stocks or bonds of	23
any such corporation or who is in any manner pecuniarily interested therein	24
shall be appointed to or hold the office of commissioner or be appointed or	25
employed by the commission: provided, that if such person shall become the	26
owner of such stocks or bonds or become pecuniarily interested in such corpo-	27
ration otherwise than voluntarily, he shall within a reasonable time divest	28
himself of such ownership or interest; failing to do so, his office or em-	29
ployment shall become vacant.	30
(3) No commissioner shall, directly or indirectly, while he is a member	31
of said commission, take any part in politics by advocating or opposing the	32
election, appointment or nomination of any person or persons to any office in	33
the state of Idaho, excepting under officers in the commission, nor shall any	34
commissioner seek appointment or election or nomination for any civil of-	35
fice in the state of Idaho, other than commissioner, while he is a member of	36
said commission, nor shall any commissioner seek appointment, nomination or	37
election to any civil office in the state of Idaho, other than that of commis-	38
sioner, for a period of two (2) years from the date of the expiration of his	39
term or after his resignation or removal from said office.	40

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(4) The following provisions shall apply to any ex parte communications	1
directed to or originating from the commission, or any person employed by the	2
commission:	3
(a) No commissioner, or any person employed by the commission, shall,	4
directly or indirectly, solicit, invite, encourage, or consider any	5
communication from any person concerning the merits of any matter pend-	6
ing before the commission or reasonably expected to come before the	7
commission, unless such communication is made in the course of an offi-	8
cial proceeding or is reduced to writing and made a part of the records	9
of the commission.	10
(b) No public utility or agent thereof, party appearing before the	11
commission, lobbyist registered pursuant to chapter 7, title 74, Idaho	12
Code, representing a public utility, or attorney representing a public	13
utility shall, directly or indirectly, make any communication to any	14
commissioner, or any person employed by the commission, concerning the	15
merits of any matter pending before the commission or reasonably ex-	16
pected to come before the commission, unless such communication is made	17
in the course of an official proceeding or is reduced to writing and made	18
a part of the records of the commission.	19
(c) The provisions of this subsection shall not apply to communications	20
limited solely to ministerial or scheduling matters or statements made	21
in a public hearing or other proceeding duly noticed by the commission.	22
(d) If any communication in violation of this subsection is received by	23
a commissioner, or any person employed by the commission, such commis-	24
sioner or employee receiving the communication shall create a written	25
summary of the communication and within seven (7) business days place	26
such summary in the records of the commission and transmit a copy of such	27
summary to any party before the commission who is adverse to the person	28
making such ex parte communication.	29
(e) Any person who violates any provision of this subsection shall	30
be subject to a civil penalty not to exceed two hundred fifty dollars	31
($250) if an individual and not to exceed two thousand five hundred dol-	32
lars ($2,500) if a person other than an individual. The burden of proof	33
for such civil liability shall be met by showing a preponderance of the	34
evidence. The attorney general or the appropriate prosecuting attor-	35
ney may prosecute any violations of this subsection. Prosecution for	36
a violation of this subsection shall be commenced within two (2) years	37
after the date on which the violation occurred. Venue for prosecution	38
pursuant to the provisions of this chapter shall be in the county of	39
residence of the defendant if the defendant is a resident of the state of	40
Idaho, otherwise venue shall be in Ada county.	41
SECTION 2. That Section 18-1356, Idaho Code, be, and the same is hereby	42
amended to read as follows:	43
18-1356. GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURIS-	44
DICTION. (1) Regulatory and law enforcement officials. No public servant in	45
any department or agency exercising regulatory functions, or conducting in-	46
spections or investigations, or carrying on civil or criminal litigation on	47
behalf of the government, or having custody of prisoners, shall solicit, ac-	48
cept or agree to accept any pecuniary benefit from a person known to be sub-	49

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ject to such regulation, inspection, investigation or custody, or against	1
whom such litigation is known to be pending or contemplated.	2
(2) Officials concerned with government contracts and pecuniary trans-	3
actions. No public servant having any discretionary function to perform in	4
connection with contracts, purchases, payments, claims or other pecuniary	5
transactions of the government shall solicit, accept or agree to accept any	6
pecuniary benefit from any person known to be interested in or likely to be-	7
come interested in any such contract, purchase, payment, claim or transac-	8
tion.	9
(3) Judicial and administrative officials. No public servant having	10
judicial or administrative authority and no public servant employed by or in	11
a court or other tribunal having such authority, or participating in the en-	12
forcement of its decisions, shall solicit, accept or agree to accept any pe-	13
cuniary benefit from a person known to be interested in or likely to become	14
interested in any matter before such public servant or a tribunal with which	15
he is associated.	16
(4) Legislative and executive officials. No legislator or public ser-	17
vant shall solicit, accept or agree to accept any pecuniary benefit in return	18
for action on a bill, legislation, proceeding or official transaction from	19
any person known to be interested in a bill, legislation, official transac-	20
tion or proceeding.	21
(5) Exceptions. This section shall not apply to:	22
(a) fees prescribed by law to be received by a public servant, or any	23
other benefit for which the recipient gives legitimate consideration or	24
to which he is otherwise legally entitled; or	25
(b) gifts or other benefits conferred on account of kinship or other	26
personal, professional or business relationship independent of the of-	27
ficial status of the receiver; or	28
(c) trivial benefits not to exceed a value of fifty dollars ($50.00) in-	29
cidental to personal, professional or business contacts and involving	30
no substantial risk of undermining official impartiality; provided,	31
however, that for any commissioner or employee of the Idaho public util-	32
ities commission, such trivial benefits shall not exceed a value of	33
twenty dollars ($20.00); or	34
(d) benefits received as a result of lobbying activities that are dis-	35
closed in reports required by chapter 7, title 74, Idaho Code. This ex-	36
ception shall not apply to any activities prohibited by subsections (1)	37
through (4) of this section.	38
(6) Offering benefits prohibited. No person shall knowingly confer,	39
or offer or agree to confer, any benefit prohibited by the foregoing subsec-	40
tions.	41
(7) Grade of offense. An offense under this section is a misdemeanor	42
and shall be punished as provided in this chapter.	43
SECTION 3. An emergency existing therefor, which emergency is hereby	44
declared to exist, this act shall be in full force and effect on and after	45
July 1, 2026.	46

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